Chương I Luật khoa học và công nghệ 2013: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Law regulates organizations, individuals participating in science and technology activities; conduct and implementation of science and technology; measures to ensure scientific and technological development; state administration on science and technology.

Article 2. Regulated entities

This Law applies to organizations, individuals involved in science and technology activities in Vietnam.

Article 3. Interpretation of terms

In this Law, some terms are construed as follows:

1. Science refers to a system of knowledge about nature, laws on existence and development of things, natural and social phenomena, and thinking.

2. Technology refers to solutions, processes, techniques accompanied or not accompanied by tools, means used to change resources into products.

3. Science and technology activities refer to activities of scientific research, research and experimental development, technological development, technology applications, scientific and technological services, promoting innovation and creativity for scientific and technological development.

4. Scientific research refers to activities of discovering, detecting and understanding nature, laws of things, natural phenomena, societies and thinking, seeking innovative solutions for application in practice.

5. Fundamental research refers to research activities aimed to discover nature and law of things, natural phenomena, societies and thinking;

6. Applied research refers to research activities applying findings from scientific research to create new technology, innovate technology for the benefit of people and societies.

7. Technological development refers to the application of findings from fundamental research, applied research via experimental development and trial production to complete existing technology, create new technology.

8. Experimental development refers to the application of findings from scientific research and technological development to create new technological product in the form of samples.

9. Trial production refers to the application of findings from experimental development for trial production in order to complete new technology and product before putting into production and life.

10. Scientific and technological services refer to services and technical supports for scientific research and technological development; activities relating to intellectual property, technology transfers, technical regulations and standards, measurements, product and goods quality, nuclear and radiation safety and atomic energy; services of communications, consultancy, training, dissemination and application of scientific and technological achievements in socio-economic areas.

11. Scientific and technological organizations refer to organizations that mainly function in scientific research, technological development research, scientific and technological service activities, being established and operate according to laws.

12. Individuals involved in science and technology activities refer to persons carrying out science and technology activities.

13. Science and technology tasks refer to scientific and technological issues that need to be resolved to meet practical requirements for socio-economic development, ensuring National defense and security, scientific and technological development.

14. Placement of order for implementation of science and technology tasks means the person who places the order (hereinafter referred to as 'the buyer') shall provide requirements for scientific and technological products, provide expenditures to organizations, individuals involved in science and technology activities to create scientific and technological products through a contract.

15. Infrastructure for scientific and technological development refers to material and technical bases of scientific and technological organizations; standard measurement system, key laboratories; hi-tech zones, hi-tech agricultural zones, technology incubators, science and technology business incubators; infrastructure of science and technology statistical information.

16. Innovation refers to the creation, application of achievements, technical, technological and management solutions to enhance the efficiency of socio-economic development, increase productivity, quality and added value of products and goods.

Article 4. Tasks of science and technology activities

1. Construct arguments for socialism and the path toward socialism in Vietnam; construct scientific foundations for setting guidelines, policies and laws on socio-economic development, ensuring National defense and security; contribute toward the construction of advanced education and Vietnamese people; Inherit and promote values of traditional history, national culture, open to the essence of humanity culture and contribute to cultural and scientific treasures of the world;

2. Increase scientific and technological capability to master state-of-the-art technology, high technology, advanced management method; make appropriate use of natural resources, protect the environment and human health; make early forecasts, prevention, control, and remedy for natural disasters;

3. Be open to global scientific and technological achievements to create and apply new technology effectively; create highly competitive products; develop science and technology in Vietnam to reach advanced level in the region, and further to the world, serve as solid foundations for the development of modern industrial branches; strengthen dissemination and application of scientific and technological achievements to production and life;

Article 5. Principles of science and technology activities

1. Originate from practical needs for socio-economic development, national defense and security and scientific and technological development;

2. Construct and promote endogenous capacities of science and technology in combination with selective acquisition of global scientific and technological achievements in accordance with reality in Vietnam;

3. Ensure freedom in creation and promotion of democracy in science and technology activities for the development of the country;

4. Be honest, objective and heighten professional ethics, self-control and self-responsibility;

5. Ensure safety for lives, human health and environmental protection;

Article 6. State policies on scientific and technological development

The State shall implement following policies to ensure scientific and technological development is the top national policy:

1. Prioritize and gather all national resources for scientific and technological development; apply preferential treatment and incentives consistently to promote central role and driving force of science and technology for socio-economic development, ensuring National defense and security, environmental protection and improvement of the quality of people's life;

2. Develop areas of social sciences and humanities, natural science, technical and technological science consistently; attach the tasks of scientific and technological development to the tasks of socio-economic development, ensuring National defense and security; pave the way for the formation and development of knowledge economy;

3. Step up research and application of achievements of advanced and modern science and technology, research to master and create new technologies with the aim of innovating and improving technological level and competitiveness of the products;

4. Focus efforts on the investment and construction of material and technical bases with much importance attached to the areas of science and technology of priority and national importance; apply preferential treatment and incentives for development, training, attraction and effective employment of human resources;

5. Create favorable conditions for the development of scientific and technological market;

6. Encourage and create favorable conditions for businesses to make investment in science and technology activities, innovate and improve technological levels;

7. Encourage and create favorable conditions for scientific and technological associations, socio-political organizations, social organizations, socio—occupational organizations to participate in consultancy, social counter-arguments and science and technology activities;

8. Be actively involved in international integration on science and technology; increase national position in terms of science and technology in the region and in the world;

Article 7. Vietnam Science and Technology Day

Vietnam Science and Technology Day is May 18.

Article 8. Prohibited acts

1. Take advantage of science and technology activities to invade interests of the State, lawful rights and interests of organizations, individuals; cause damage to natural resources and environment, human health;

2. Invade intellectual property rights; appropriate, assign and transfer scientific and technological results illegally;

3. Disclose documents and scientific and technological results that belong to the list of state secrets; practice deception and falsification in science and technology activities;

4. Hinder lawful science and technology activities by organizations and individuals;